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the Passport, Bills of Lading, Invoices, and all other Papers which can establish the property of the Vessel and effects captured.
V. In case of the concealment, destruction, or disappearance in any way, of such Documents, the Captor commanding shall institute a summary Process, signed by the Captain of the captured Vessel, and by 2 or 3 Seamen, (in default of Officers) in order to substantiate where the Prize was fallen in with, under what Flag it sailed, and what were its course, route, destination, and cargo.
VI. The Process above-named, together with the Persons who signed it, must either be sent with the Prize, or retained on board of the Privateer, (as shall be deemed best) in order that they may appear at the end of the cruize before the competent Authority.
VII. The warlike stores, gold and silver, coined or in bars, utensils of labour, machines of new invention, applicable to the industry of Brazil, and fit for the improvement of her manufactures, which may be found on board, as well as the captured Vessel, shall be exempted from all duties.
VIII. The Government shall have the preference in the purchase of such articles.
IX. All and every Agreement, or Contract, with the Proprietors, Captains, or Masters, of captured Vessels, is prohibited, excepting that for which a legal permission, for valid reasons, shall have been previously obtained.
X. The produce of the Prizes shall belong entirely to the Captor. XI. The distribution thereof must be regulated agreeably to the Contract concluded between the Owner and the Crew of the Privateer. Without the production of such Contract, no Privateer Patent shall be issued. XII. The Commandants and Officers captured shall be treated with the distinction belonging to their class, and the Seamen with all the humanity which is required by the Law of Nature and of Nations.
XIII. Property captured from Insurgents and Smugglers shall be landed at the first Port, where one half of its total value shall be paid to the Privateer, the rest remaining at the disposal of the Proprietors, or their Agents, in case of absence.
XIV. Recaptures are valid within 24 hours, after that space of time the Vessel recaptured shall be deemed a good Prize.
XV. Vessels sailing under the Portuguese Flag, and the merchandize on board, of national property, shall be deemed to be good prize, on the Coast of Brazil in 2 months, in North America in 3 months, beyond Cape Horn in 4 months, in Europe in 3 months, on the Eastern Coast, as far as the Cape of Good Hope, in 2 months, and in all other Seas, in 4 months, after the publication of this Decree.
XVI. The principal and most especial duty of a Commander, as well by Sea as by Land, is to prevent the waste of captured goods, and to adopt the customary methods for that purpose, such as the fastening down of the hatches, the collecting, and taking an Inventory of, every
thing on board, and selecting for Prize Masters, Men truly worthy of that preference.
XVII. The Commander of a Privateer cannot in any way dispose of the effects captured or detained, before the Sentence shall have been pronounced which legitimatizes the Prize: he may, however, in case of necessity, make use of the provisions, and munitions of War, he being responsible for their value, as may be decided by the Sentence.
XVIII. When 2 Privateers are concerned in the same Capture, the produce of the Prize shall be equally divided between them; but if one of them, on account of a positive inability to assist, shall be within sight without taking part in the action, it shall receive a third only of the value, the other two thirds being granted to the capturing Ship.
XIX. The same proportion shall be observed, if one of the capturing Vessels be a Ship of War. Should the latter, however, be engaged alone in the conflict, and prove to be double the force of the other, the Privateer shall then only be entitled to a fifth part.
XX. When an Enemy's Vessel, chased by a Privateer, shall reach a Port and deliver itself up to a Land Force, the Troops on guard, or detachment, in the principal Fort, shall be entitled to a tenth part of the value captured, which shall be equitably distributed by the Officer, the highest in rank at the Place.
Of hostilitiES AGAINST ENEMY'S SHIPS OF WAR; OF REWARDS TO PRIVATEERS ENGAGED IN ACTION WITH THEM; AND OF THE CONDUCT of Privateers towards the Vessels of Friendly and NEUTRAL POWERS.
ART. I. Privateers, bearing in mind the glorious object of the present struggle, will no doubt prefer on all occasions to combat the Enemy's Ships of War, whether Transports or Packets; nevertheless, it is hereby made known and declared, that it is a duty of gratitude on the part of the Brazilian Nation, generously to reward all those who shall give so decided a proof of honour, and of adherence to the sacred cause of Independence.
II. Without prejudice to the advantage which they may derive from the reward alluded to in the preceding Article, the Privateers of Brazil shall receive the amount of the valuation of each armed Ship of War which they may capture from the Enemy.
III. They shall also receive for each piece of Artillery found on board 200 milreis.
IV. For each Soldier 50 milreis; inferior Officer 100 milreis; Subaltern Officer, up to Captain inclusive, 400 milreis; Major, up to Colonel inclusive, 800 milreis; General Officers 2 contos of reis.
V. For the Correspondence and Despatches of the Enemy's Government, they shall receive what may be deemed adequate to the importance of their contents.
VI. Any hostile operations undertaken in Ports or Arsenals, the assaulting of Fortresses, the capturing of Publick Chiefs, or any other similar enterprize, shall be considered as a direct service to the Empire of Brazil.
VII. The Commanders and Subalterns who distinguish themselves in such undertakings shall be rewarded in proportion to their merit. The Masters, Mates, and Sailors, shall receive in cash a gratification of from 25 to 400 milreis, according to the importance of the service. Those who shall be maimed and invalided in the course of such services shall receive an annual Persion corresponding with their class.
VIII. Every act of inhumanity, opposed to the Law of Nature and of Nations, excludes the Aggressor from the benefit of such rewards, and subjects the Delinquent to punishment according to the enormity and circumstances of the case.
IX. Should any Ship of War, Military Post, or Fortress, belonging to the Enemy, capitulate without resistance, Privateers cannot pillage or make Prize of private property; the Government however will, in a fitting manner, grant a suitable allowance on such occasions.
X. It is free and permitted to visit and search the Vessels of Allies, as well as National Vessels, but it is rigorously prohibited to insult them, or to cause them damage, from motives of ambition; trangressors of this description shall be severely punished in conformity to the Laws.
XI. Pirates, who make use of 2 Passports, and also those who, having thrown their Papers into the sea, cannot prove, as they ought, to what Nation they belong, shall be liable to the Penalties established for such cases by the Laws, and by the Privateer Regulations.
XII. The immunity of friendly and neutral Ports, Bays, Forts, and Coasts, shall be recognized according as they may be recognized by the Enemy. Prizes made at such points shall be treated and adjudicated upon by the Law of retortion, or in default thereof by the Regulations for Privateers.
XIII. Privateers shall be bound to give an account of the manner in which they are treated by the Governments and Squadrons of Neutrals, and, when circumstances give occasion for complaint, they must present Documents and Proofs to establish the same.
XIV. Unforeseen cases not provided for in this Regulation shall be adjudicated by the general Laws of the Sea and Land Service, or by the Civil Code of the Empire, as the case may be.
OF THE DUTIES OF, AND PENALTIES AGAINST, COMMANDERS.
ART. I. The Commander of a Privateer should possess skill, valour, and discipline.
II. His duties are, 'generally, such as are required of all Officers appointed to command agreeably to the Rules of the Navy or the Regulation for Fleets.
III. The Commander shall be personally responsible for the value of all Property received on board of his Ship, as well as of that found on board of captured Vessels.
IV. Any deficiency in this respect shall be regarded as an offence against Military honour, and the confidence of the Owners; the punishment of it remaining at the pleasure of the competent Authorities.
V. When, in order to the fulfilment of his duties, it may appear requisite to adopt extraordinary measures, the Commander will be at liberty to adopt them, provided they do not contravene the letter and spirit of this Regulation.
VI. The Commander and Subaltern Officers of a Privateer will be considered as Officers of War, and, they should, therefore, on all occasions, maintain the honour of the National Flag, and prefer its glory to any views of self-interest. A contrary practice will be regarded as treason or cowardice, according to the nature or circumstances of the case.
VII. Privateers are bound to assist the National Ships and Squadrons, in the event of their being engaged in action, and the right of receiving pay for the services they render, and for the damage they sustain, will be granted to them.
VIII. The Commanders and Officers of Privateers shall wear a blue uniform, with green facings, yellow buttons, and a round hat, with the National Cockade.
IX. This uniform must be invariably worn, when on service, and in matters of etiquette, especially in Foreign Ports.
OF THE DUTIES OF, AND PENALTIES AGAINST, SUBALTERN OFFICERS and Sailors of Brazilian Privateers.
ART. I. Obedience, activity, vigilance, and the greatest zeal for the general service of the Ship, should be the distinguishing qualities of the Officers and Crews of Privateers.
II. All crimes which directly affect subordination, and those which proceed from cowardice, unskilfulness, or malice, shall be rigorously punished, conformably to the Regulations and Laws of the Navy, whether the Offenders be Officers or Sailors.
III. Robbery shall be punished with chastisement and penalties proportioned to the enormity of the crime: should robbery be committed on board of Prizes, either by the Prize Masters or by the Persons charged with navigating them, it shall invariably occasion to the guilty the loss of their portion of the produce of the cruize, whatever may be its amount.
IV. The portion confiscated shall go to the general account, to be divided according to the agreement made with the Owners.
V. The Prize Master who shall mutiny, or who shall propose, or voluntarily consent to, the Vessel's deviating from its course, or to its being delivered up to the Enemy, through cowardice, malice, care. lessness, or unskilfulness, shall incur the penalty of death.
VI. All Persons found guilty of Piracy, or the project of committing it, followed by any other act, such as seduction, subornation, or any combination, or plot, shall be subject to the punishments attached to similar offences by the general Regulations of the Fleet, as well as to the loss of all that they may have gained in the Privateer Service, which shall be distributed as is declared in the IVth Article of this Chapter.
VII. Should the Delinquents allege, and prove, that they were instigated to a robbery, by reason of frauds practised upon them in the distribution of any property, or in the wages, or pay, due to them by their Contract, the Judge may mitigate the penalty according to the circumstances, causing chastisement to fall upon the Commanders or Officers who shall be convicted of the offence charged against them.
VIII. This Regulation shall be read and explained to every Crew, on the 1st, 2nd, and 3rd days of the cruize. If it shall appear, by the Journal of the Captain, or of his Second in command, that this for mality has been strictly complied with, no one shall be allowed to plead ignorance in his defence, in order to palliate his errors or offences.
IX. Should the Delinquent, however, fully prove that he was ignerant of the Penal Laws set forth in this Regulation, owing to the omission of the Captain or the Second in command, to whom expressly belongs the execution of what is enacted in the VIIIth Article, they shall be punished with an arbitrary penalty, proportionate to their neglect.
X. In all cases not contemplated in this Regulation, and with respect to the penalties which are not therein specified, the competent Tribunal and Judges of Commissions shall act conformably to what is laid down in the Decree of Regulation of 7th November, 1796, and in that of 9th May, 1797, which describe their duties; which Decrees shall also, in the meanwhile, be observed, in whatever else may be applicable to the Privateers of the Empire of Brazil.
Wherefore I command Luiz da Cunha Moreira, of my Council of State, my Minister and Secretary of State for the Affairs of the Marine, and the Supreme Military Council, and the Governors and Authorities to whom belongs the cognizance of this Decree of Regulation, to fulfil, and cause to be fulfilled, the same, as is therein prescribed; for which purpose my Minister and Secretary of State aforesaid, shall send Copies thereof to them, in order that they may be registered in the proper Places. And it shall be valid as a Document which has passed through the Chancery, although it be understood that it has not to pass through the same.